Terms of Use

Welcome to www.arscars.com (the “Site”). The Site is operated by Advanced Remarketing Services, Inc. and its corporate affiliates (collectively, “we”, “us” or “ARS”). By accessing or using the Site or by registering individually or on behalf of your organization for logon access to the password-protected areas of the Site (you and, as appropriate, your organization are collectively referred to hereafter as “Bidder”, “you” or “your”) you signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered Bidder at the Site.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.

If you do not agree to abide by these or any future Terms of Use, or consent to our collection and use of your Personal Data as described in our Privacy Policy, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use or our Privacy Policy, and to review such changes.

Please read these Terms of Use carefully as they contain important information regarding your legal obligations, remedies, and rights, including various limitations and exclusions.

If you are a registered Bidder at the Site, you acknowledge that you have entered into, and you agree to adhere to, the [bidder agreement] and [tower agreement].

Registration Eligibility

Persons under the age of 18 are prohibited from registering as Bidders. By registering as a Bidder you represent that you are age 18 or older and that you reside in the United States or Canada.

Proprietary Rights in Site

All content on the Site, including designs, computer code, text, graphics, pictures, music, sound, and other works and their selection and arrangement (collectively, the “Site Content”) are the proprietary property of ARS, it licensors, or other bidders. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without ARS’s prior written permission. You are granted a limited license to access and use the Site and the Site Content in accordance with these Terms of Use, including any member areas to which you have properly gained access, solely for your personal, non-commercial use. You may not upload or republish Site Content on any Internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights.

Bidder Conduct

You shall not post, upload, transmit or share any information or other content on the Site that is false, inaccurate or misleading or contains any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

You shall not interfere with other members’ use and enjoyment of the Site. You may not use the Site to conduct any activity that is illegal or violates the rights of others. You shall not solicit passwords from any other Bidder. You shall not use contact information provided by members, or collect email addresses of other information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your Bidder account to take such actions.

You may not use any robot, spider, scraper, automated scripts or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means or use the Site in a manner that could damage, disable, or impair the Site.

Bidder Registration

If you register as a Bidder with logon capabilities, you agree to provide accurate and complete information about you and, to the extent such information about you subsequently changes, promptly update such registration information with the Site to keep it accurate, current and complete. You shall not register for more than one Bidder account or impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity. By registering your organization as a Bidder at the Site, you represent and warrant that you have full power and authority to register your organization and agree to these Terms of Use on behalf of the organization.

You are responsible for maintaining the confidentiality of your Bidder password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your bidding privileges may be suspended temporarily or terminated. You agree to immediately notify ARS of any unauthorized use of your Bidder password or login.

Privacy

You agree that you have read, understood and accept the terms of ARS’s Privacy Policy. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Site.

Links to Other Websites

ARS may contain links to other websites that are not under the control of ARS. The inclusion of any link does not imply endorsement by ARS of such site and ARS is not responsible for the content of such linked sites. If you decide to leave the Site and access a third party website, you do so at your own risk.

Logon Access Termination

You agree that ARS may, with or without cause, immediately terminate your access to the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by ARS of a Bidder’s access to and use of the Site: (a) breaches or violations of these Terms of Use, ARS Bidder Agreement or ARS Transportation Agreement, or other ARS agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. ARS has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.

Fees

Client logon access with ARS is currently free. ARS reserves the right to from time to time change the terms of this Agreement and charge for bidding access and/or to provide additional optional services for a fee.

Disclaimer of Warranties

The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. ARS does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site content, or any advice or services provided through the Site to the extent permitted by law. ARS does not warrant that access to the Site or Site content or services will be uninterrupted or error-free or that defects in the Site will be corrected.

The advice, recommendations, information, and conclusions posted or emailed by other bidders at the Site are not in any way vetted, approved or endorsed by ARS, and you use such information at your own risk.

Limitation of Liability

Under no circumstances shall ARS, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages (even if it has been advised of the possibility of such damages), including but not limited to for lost data, due to your use of this Site or due to your reliance on any of the content contained or the services provided on or through the Site.

Indemnification

You agree to indemnify and hold harmless ARS, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your use of this Site or your violation of these Terms of Use.

Client Notices

If you register as a Bidder, you agree that ARS may send notices to you by email at the email address you provide when registering to become a Bidder (or which you later update using the functionality of the Site).

Comments and Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the service provided on the Site (“Comments”), provided by you to ARS are non-confidential and that ARS shall be entitled to the unrestricted use and dissemination of these Comments for any purpose, commercial or otherwise, without attribution or compensation to you.

Governing Law and Venue

These Terms of Use shall be governed by the laws of the State of Rhode Island and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with access to or use of the Site, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of Rhode Island.

Miscellaneous Terms

ADVANCED REMARKETING SERVICESTM and the Arrow Logo are trademarks of ARS. You agree not to display or use these trademarks in any manner without ARS’s prior, written permission.

ARS may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.

If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

These Terms of Use, together with the Privacy Policy, ARS Bidder Agreement or ARS Transportation Agreement constitute the entire agreement between you the ARS regarding the use of the Site and the content and services provided on the Site. The failure of ARS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in any that or any instance.

For any questions or comments, or to report violations of this agreement, contact us at:

Advanced Remarketing Services, Inc.

308 Market Street

Warren, RI 02885

email: arsinfo@arscars.com

Ethan Frederick GrantTerms of Use